Thrall, TX Estate Planning Law Firms & Lawyers

Yes, if your father does not have a Will appointing an executor or if none of the appointed executors want to be appointed, you can petition the court where your father's property is located to have yourself appointed as administrator of the estate. The Court will make you post a bond in the amount of the value of the property. The premium for the bond can be paid from the property in your father's estate.

To put it simply Someone, usually the primary heir, hires an attorney and files a probate action in the county where the deceased last resided. Then all beneficiaries are notified and the court appoints a personal representative After that all assets are gathered, debts paid and the rest distributed At times if real property is in multiple states multiple probates may be needed (one in each state where there is property) SO It does not happen automatically. Probate and attorneys can get expensive so the question is are there sufficient assets to worry about.. I advise you to gather all the information you can about your fathers assets and contact an attorney to discuss if it is worthwhile to file a probate action if your apparent step mom does not.

He passed away in California, California law will control. In Texas you would have a problem. Why did you think you were his legal executor if there was no will or probate proceeding appointing you? While people do start collecting the assets of the deceased right away (frequently to pay final expenses), until appointed, you do not have the right to do so. Taking the assets may be theft. You may need to get all of your receipts together to demonstrate where the money went. You will have a problem since you found cash in the hoard. You will not be able to prove the amount you found. Your step siblings may always hold out that it was more than it really was.